HomeMy WebLinkAbout20162483.tiffHEARING CERTIFICATION
DOCKET NO. 2016-62.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0016, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, OIL AND GAS
STORAGE FACILITIES (CRUDE OIL POLISHING TERMINAL), TRANSLOADING, AND
OUTDOOR EQUIPMENT AND CONSTRUCTION MATERIALS STORAGE YARD IN THE
A (AGRICULTURAL) ZONE DISTRICT - SADDLE BUTTE ROCKIES STORAGE AND
TERMINAL, LLC
A public hearing was conducted on August 24, 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Frank Haug
Planning Services Department representative, Kim Ogle
Public Works Department representative. Evan Pinkham
Planning Services Engineer representative. Hayley Brown
Health Department representative. Ben Frissell
The following business was transacted:
la I hereby certify that pursuant to a notice dated July 15. 2016, and duly published
July 20, 2016. in the Greeley Tribune, a public hearing was conducted August 3, 2016, to consider
the request of Saddle Butte Rockies Storage and Terminal, LLC. for a Site Specific Development
Plan and Use by Special Review Permit. USR16-0016, for a Mineral Resource Development
Facility, Oil and Gas Storage Facilities (crude oil polishing terminal). transloading. and outdoor
equipment and construction materials storage yard in the A (Agricultural) Zone District. at which
time the Board deemed it appropriate to continue the matter to August 24, 2016. to allow the
applicant to present to Planning Commission. On August 24, 2016. Frank Haug, Assistant County
Attorney, made this a matter of record.
Kim Ogle. Department of Planning Services, presented a brief summary of the proposal and
stated the location of site relevant to adjacent county roads and the Greeley -Weld County Airport.
He described the surrounding land uses and the location of the nearest residence and verified
there have been no inquiries related to this application. Mr. Ogle reviewed the impact to the area
as normal and stated the relatively isolated location is compatible. He stated the site is located in
the three (3) mile referral area of the City of Greeley and he reviewed the comments submitted
by the City of Greeley in the referral process. Mr. Ogle displayed a site layout plan and reviewed
the intent of the applicant to have ten (10) oil storage tanks and up to twelve (12) additional
storage tanks for fire suppression. He stated the applicant is anticipating receiving 500 thousand
barrels per day from both trucks and gathering lines linked throughout the area. Mr. Ogle clarified
there would be no negative impact to the daily operations of the adjacent Greeley Weld Airport.
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He stated the site will be surrounded by a six (6) -foot tall chain link security fence that utilizes a
key pad access system for entrance and exit and the site will be operational 24 hours per day,
365 days per year. Staff sent out 18 referrals and received six (6) responses that have been taken
into consideration in the Conditions of Approval and Development Standards. He displayed
images of the site and surrounding area and entered the favorable recommendation of the
Planning Commission into the record as written.
a Evan Pinkham. Department of Public Works. provided a brief overview of the transportation
plans and requirements, including the Approved Access Permit, AP16-00248 He reviewed the
approved access points and clarified all other access points would be closed. Mr. Pinkham stated
the average daily traffic counts and provided the proposed number of daily round trips which will
require both tracking control and an Improvements Agreement.
Hayley Brown, Planning Services Engineer representative. presented the drainage and
grading requirements.
Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions stating water is provided by the North Weld County Water District and the applicant is
proposing to permit a commercial septic system. He stated Development Standards (DS) #5-19
address typical Environmental Health items.
C. Trent Miller, represented the applicant and introduced the other team members available for
questions. He presented a PowerPoint presentation and reviewed the process of evaluation from
the Federal Aviation Administration (FAA) due to the facility being adjacent to the Greeley -Weld
Airport. He further reviewed the site location and proposed operation. Mr. Miller clarified the facility
is not meant to be a truck loading facility and will utilize the pipeline system, which includes
existing pipelines coming to the site, and developing on -site pipelines to connect. He reviewed
the grading and drainage plans and mentioned communicating with the adjacent landowner who
had no concerns. Mr. Miller verified the access points to be used and those to be closed.
In response to Commissioner Conway, Mr. Miller verified consulting with the Director of the
Greeley -Weld County Airport and the FAA prior to the purchase of the property.
ra Dennis Hoshiko, Greeley resident, informed the Board that the existing pipelines spoken
about were installed last winter and Saddle Butte still has not obtained a ditch easement crossing
agreement with the firm he represents. He explained that Saddle Butte obtained a Bore Permit
from Weld County to bore under CR 47 and in the process crossed an irrigation canal easement
wrongfully. Mr. Hoshiko expressed his frustrations with pipeline infrastructure affecting farming
and irrigation operations and trespassing on easements.
In response to Commissioner Kirkmeyer, Mr. Miller stated the previous owner may have
irrigated. but they did not acquire the water rights with the purchase of the property.
r
In further response to Commissioner Kirkmeyer regarding Mr. Hoshiko's comments. Cole
Dougherty represented the applicant and stated prior to construction of pipeline. Saddle Butte
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always acquires the necessary easements from the landowners and occasionally they will cross
areas of non-exclusive easements like ditches or utilities. He explained because they are non-
exclusive, it is not a requirement to obtain an easement agreement: however, they generally try
to negotiate with these entities and in this case. communications ceased. He clarified they have
an easement from the landowner but not the irrigation company because it is non-exclusive and
they have not been able to get good communications going with Mr. Hoshiko. He further clarified
because the non-exclusive easement owner is not a fee -owner. it is not required. Mr. Dougherty
stated they are not impacting the ditch by boring under it.
a After further discussion, Chair Freeman asked Mr. Haug to address the non-exclusive
easement requirements. Mr. Haug clarified the easement priority and stated the issue should be
dealt with among those parties.
Commissioner Cozad expressed her appreciation for Mr. Hoshiko's concerns and for
Commissioner Kirkmeyer's questions and comments: however, she reminded the Board that the
application is not requesting approval of a pipeline and she further suggested the Board and
Counsel look at the specific USR on this property.
Commissioner Kirkmeyer clarified her concerns in relation to the relevant sections in the
Weld County Code. She stated the Use does not seem consistent with intent of the
A (Agricultural) Zone District; it does not seem to be compatible with existing surrounding land
uses without getting easements: and 83 acres of farmland just went out of Agricultural use and
this does not support the requirement that the applicant demonstrate a diligent effort to conserve
prime agricultural land. She expressed her frustration with pipelines affecting farmland and
causing issues throughout the County.
.- Commissioner Cozad clarified Oil and Gas Storage Facilities may be permitted Use through
the Use by Special Review process and she addressed the concerns regarding compatibility by
reminding the Board that this area is identified by the City of Greeley's Long Range Growth Plan
as Industrial. She further pointed out that there are two (2) other transloading facilities across the
street and other large storage tanks in the area. Commissioner Cozad stated there has been no
objections from surrounding property owners and the land was sold with no water rights which
limits the potential for future farming. She stated she understands the concerns related to
pipelines; however, we are not approving the pipeline.
Commissioner Kirkmeyer clarified this is not a Use by Right. it is a Use by Special Review
and the applicant needs to be able to explain to the Board how this Use meets the intent of the
Agricultural Zone District.
Mr. Miller stated the existing irrigation ditch on the property was evaluated for agricultural
resources and it was determined the integrity of the ditch was destroyed and probably had not
been used for some time: however. he does not know the history of the land.
Commissioner Cozad clarified the definition regarding "Prime Agricultural Land" and in
relation to this proposed facility is relevant because it is only "Prime" if it is irrigated. In response
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to Commissioner Cozad, Mr. Ogle verified the definition, and further stated there is a Dry -up
Covenant for this property effective since 2015, which he submitted to the Assistant County
Attorney for the record.
a In response to Commissioner Cozad. Mr. Pinkham stated Condition of Approval
(COA) #1.C.11 is a typical standard to accommodate larger vehicles. She inquired regarding
DS #4. In response to that inquiry, Mr. Miller stated the number of employees is sufficient.
Commissioner Kirkmeyer stated she will be supporting the application but she clarified the
process is in place for a reason and it is the applicant's responsibility to prove the findings and
she is concerned that the applicant is not being a good neighbor. Furthermore, Commissioner
Kirkmeyer suggested the deletion of COA #1.B and the Board agreed. She recommended
COA #1.C.8 be amended to delete last two (2) sentences and the last sentence of DS #16 be
amended to read COGCC Rules and delete the reference to COGCC Rule 604, in the event the
rules are renumbered in the future. The Board agreed.
In response to Chair Freeman, Mr. Miller indicated they have reviewed, and agree to abide
by, the Conditions of Approval and Development Standards, as amended.
Commissioner Moreno moved to approve the request of Saddle Butte Rockies Storage and
Terminal, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR16-0016, for a Mineral Resource Development Facility, Oil and Gas Storage Facilities (crude
oil polishing terminal), transloading, and outdoor equipment and construction materials storage
yard in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the
Planning Commission, with the Conditions of Approval and Development Standards as amended,
and entered into the record. The motion was seconded by Commissioner Cozad. Commissioner
Cozad expressed her appreciation for the comments made by Commissioner Kirkmeyer and
agrees that agriculture is very important to Weld County: however. she commented that this
particular area is likely to become an industrial area and it is compatible to the surrounding area.
Commissioner Cozad reminded the applicant that pipelines do impact other property owners and
they need to be more mindful of being a good neighbor. Commissioner Conway also stated the
importance of being a good neighbor He further explained his reasoning for supporting the
application based on the location and the Use being compatible with surrounding uses and
potential industrial growth. Commissioner Moreno pointed out the need for communication and
collaboration. There being no further discussion, the motion carried unanimously and the hearing
was completed at 12:32 p.m.
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This Certification was approved on the 29th day of August, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST�I� CL ,,,,J�/j/4 :�
C/
Weld County Clerk to the Board
ounty Attorney
Date of signature: 4/PV (CO
EXCUSED DATE OF APPROVAL
Mike Freeman, Chair
teve Moreno
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